A Preview of Buffalo’s New Zoning MAKING THE CITY A BETTER PLACE TO LIVE, WORK, & INVEST P R E PA R E D F O R THE CITY OF BUFFALO O F F I C E O F S T R AT E G I C P L A N N I N G M AY O R B Y R O N W. B R O W N JUNE 4, 2012 “Every increment of construction must be done in such a way as to heal the city.” Christopher Alexander A Preview of Buffalo’s New Zoning The City of Buffalo is moving forward with a 21st century approach to zoning that will make the city a better place to live, work, and invest. This report provides a preview of the City of Buffalo’s Unified Development Ordinance (UDO). The UDO represents the final phase of the Buffalo Green Code, an economic development strategy driven by smart growth and sustainability principles. The Green Code will reform the policies and regulations guiding the city’s physical development. The project includes the first citywide land use plan since 1977, and the first comprehensive zoning rewrite since 1953. Designed to reinforce the mixed-use, walkable places that give the city its competitive edge, the Green Code is recalibrating Buffalo’s development DNA. This document is a “sneak preview,” outlining some core components of the new ordinance, including the new zone structure, permitted building types & frontages, the use table, and approval procedures. Public input will help refine these components as the new ordinance is written. The Mayor’s Office of Strategic Planning and its consultant team are engaging the community in this early conversation—even before the first draft of the UDO is released—to get feedback on how the ordinance can help revitalize every neighborhood in the city. What will the UDO change? Today, land use regulations in Buffalo are difficult to understand, reflect views that are out of touch with current lifestyle and development trends, and often prevent quality investment. Buffalo’s current zoning ordinance dates to 1953, its urban renewal plans as far back as 1957, and its subdivision ordinance to 1974. These documents are long—a staggering 1,804 pages. They often contradict each other. They do not embody a contemporary vision for the city’s future. GreenCode: A Preview of Buffalo’s New Zoning | 1 HOW WILL THE NEW CODE BENEFIT BUFFALO? Some of the primary differences (what’s history and what’s next) between the current regulatory framework and the forthcoming UDO WHAT’S HISTORY WHAT’S NEXT do not address what people want to see in - -Rules their neighborhoods. ++The community’s vision is reflected. and discretionary requirements make - -Vague development difficult. ++Clear, objective requirements bring clarity and focus intensely on separating uses, - -Rules regardless of their compatibility. ++A “form-based” approach makes it easier to adapt fear development because standards - -Neighbors and procedures provide inadequate safeguards. ++Neighbors have certainty about what can and - -Developers are required to emulate the suburbs. are derived from boilerplate zoning - -Standards templates. ++Pedestrian-friendly development is allowed. design of streets and open spaces is not - -The addressed. ++Transportation choices and a high quality public - -Standards are written in inaccessible legal jargon. ++Graphics, tables, and simple text make standards These outmoded regulations will soon be removed and replaced by a single, userfriendly document that combines related regulations so they are easy to understand and enforce. It will embrace Buffalo’s walkable, green neighborhoods. It will give Buffalo an advantage in attracting jobs, investment, and talent. As a form-based code, the new ordinance will emphasize character-of-place as its organizing principle, rather than merely how land and buildings are used. This means that the community’s development vision will be communicated directly through the new ordinance. The employment of visuals and layman’s language will help ensure that standards are clear and unambiguous. 2 | GreenCode: A Preview of Buffalo’s New Zoning predictability. to an evolving economy. cannot be built next door. ++Standards are based on regional character and building traditions. realm are priorities. easy to understand and apply. The new ordinance is being written to respond to assets, challenges, and opportunities identified by neighborhood residents over the past 18 months. More than 2,400 citizens have participated in public input opportunities for the Green Code. The general direction of the ordinance has been updated to facilitate the demands outlined by the public. How do I read this report? This report reveals preliminary concepts for core elements of the UDO: 1. Zones. This section (page 4) describes the ordinance’s new zones. Illustrative examples and descriptions of each zone are provided, depicting the type of development that will be encouraged. 2. Use Table. This section (page 18) describes the uses that may be permitted, permitted with a conditional approval permit, or not permitted in each zone. 3. Building Types & Frontages. This section (page 20) describes the types of buildings that will be addressed in the neighborhood zones, which are the focus of the new ordinance’s form-based standards. When released, the ordinance will contain detailed information about lot widths and areas, lot occupancy, yard requirements, building heights, building disposition, facade transparency, entrance location, parking, and other factors. 4. Approvals. This section (page 29) describes each type of approval, whether it will require a public hearing, what type of public notice will be required, and who will make the approval. This preview is intended to start the conversation on major topic areas of the UDO. Specific standards continue to be developed and will be included in the first draft of the ordinance. Buffalo’s Comprehensive Plan. This award-winning plan adopted in 2006 contains the guiding principles for all policy and investment decisions made by the City of Buffalo. Buffalo’s Land Use Plan. This document, currently in draft form, translates the goals and objectives of the Comprehensive Plan into detailed policies for the city’s physical development over the next 20 years. The plan’s “place type” framework is the foundation for the zones of the UDO. Zoning Policy Brief. This document gives a brief overview of the form-based approach of the UDO. A New Zoning Direction for Buffalo. This detailed technical report outlines the proposed structure and approach for the UDO. Green Code FAQ. This two-page document gives a general overview of how the UDO will make Buffalo a better place to live, work, and invest. Let us know if we are heading in the right direction by writing to [email protected] or to the Mayor’s Office of Strategic Planning, 920 City Hall, Buffalo, NY, 14202. How do I stay involved? Everything that is built in Buffalo must follow the City’s zoning ordinance. If the rules reflect the community’s vision, then great places result. That’s why it’s important for residents to attend public meetings, ask questions, and give input. Anyone and everyone is welcome to participate, even if you haven’t been involved with the Green Code before. You are invited to review background materials that are available at buffalogreencode.com: GreenCode: A Preview of Buffalo’s New Zoning | 3 WHAT ARE THE NEW ZONES OF THE UDO? The zones of the new Unified Development Ordinance are built around three “place types:” neighborhoods, districts, and corridors. Neighborhoods are mixed-use places where people live and work, ranging in character from most to the least urban. Districts are specialized places serving a single predominant use, such as a college campus or industrial park. Corridors are linear systems of transportation, green space, or waterfront that form the border of and connect the other two place types (the neighborhoods and districts) of the city. URBAN CORE NEIGHBORHOODS RETAIL DISTRICTS N-1D Downtown/Regional Hub D-RC Retail Center N-1E Downtown Edge D-RS Retail Strip N-1S Secondary Employment Center URBAN CENTER NEIGHBORHOODS CAMPUS DISTRICTS N-2P P-Zone D-EC Educational Campus N-20 Open D-MC Medical Campus N-2R Restricted GENERAL URBAN NEIGHBORHOODS INDUSTRIAL DISTRICTS N-3P P-Zone D-IO Office Campus N-30 Open D-IL Light Industrial N-3R Restricted D-IH Heavy Industrial N-3S Single Family URBAN EDGE NEIGHBORHOODS OPEN SPACE DISTRICTS N-4-45 Villa D-OO Olmsted N-4-60 Estate D-OR Recreational D-OS Square D-OG Green D-ON Natural CAMPUS NEIGHBORHOODS CORRIDORS N-C Residential Campus C-W Waterfront C-R Rail C-H Highway C-G Greenway C-M Metro Rail 4 | GreenCode: A Preview of Buffalo’s New Zoning N-1D Downtown/Regional Hub The N-1D Zone will address the core of downtown Buffalo and will facilitate development of substantial scale with an intense mix of uses. N-1E Downtown Edge The N-1E Zone will address the edges of the downtown core and will facilitate mid-rise development with an intense mix of uses. GreenCode: A Preview of Buffalo’s New Zoning | 5 N-1S Secondary Employment Center The N-1S Zone will address mixed-use industrial clusters, such as the Larkin District and Niagara Industrial Corridor, generally defined by mid-rise and large-footprint structures. N-2P P-Zone The N-2P Zone will address mixed-use centers in Buffalo’s oldest neighborhoods, such as Allentown, Black Rock, and Elmwood Village. 6 | GreenCode: A Preview of Buffalo’s New Zoning N-2O Open The N-2O Zone will address secondary centers, typically at the edges of more intense mixed-use centers, in Buffalo’s oldest neighborhoods. These areas are defined by a mix of homes and stores. N-2R Restricted The N-2R Zone will address areas adjoining the centers of Buffalo’s oldest neighborhoods, generally defined by compact residential blocks with corners that are occasionally mixed use. GreenCode: A Preview of Buffalo’s New Zoning | 7 N-3P P-Zone The N-3P Zone will address mixed-use centers in Buffalo’s streetcar neighborhoods, such as North Park, Kensington/Bailey, and South Buffalo, that developed in the early 20th century. N-3O Open The N-3O Zone will address secondary centers in Buffalo’s streetcar neighborhoods, typically located at the edges of more intense mixed-use centers. These areas are defined primarily by a mix of homes and stores. 8 | GreenCode: A Preview of Buffalo’s New Zoning N-3R Restricted The N-3R Zone will address areas beyond the centers of Buffalo’s streetcar neighborhoods, defined by moderately compact residential blocks with corners that are occasionally mixed-use. N-3S Single Family The N-3S Zone will address areas in Buffalo’s streetcar neighborhoods defined by moderately compact blocks of primarily single-family homes. GreenCode: A Preview of Buffalo’s New Zoning | 9 N-4-45 Villa The N-4-45 Zone will address neighborhoods, such as Central Park and Kensington Heights, that are composed primarily of single-family homes on lots at least 45 ft. in width. N-4-60 Estate The N-4-60 Zone will address neighborhoods, such as Park Meadow, that are composed primarily of single-family homes on lots at least 60 ft. in width. 10 | GreenCode: A Preview of Buffalo’s New Zoning N-C Residential Campus The N-C Zone will address residential campuses composed of garden apartments or towers in a park, typically organized within large-scale superblocks. D-RC Retail Center The D-RC Zone will address retail centers, such as Consumer Square on Delaware Avenue and Wegmans Plaza on Amherst Street, with prominent parking areas centered around one or more “big box” format buildings. GreenCode: A Preview of Buffalo’s New Zoning | 11 D-RS Retail Strip The D-RS Zone will address linear retail strips typically located at conventional suburban arterials, highway access points, or adjacent to existing retail center zones. D-EC Educational Campus The D-EC Zone will address educational campuses, such as Canisius College and Buffalo State College. 12 | GreenCode: A Preview of Buffalo’s New Zoning D-MC Medical Campus The D-MC Zone will address medical campuses such as Erie County Medical Center and the Buffalo Niagara Medical Campus. D-IO Office Campus The D-IO Zone will address office campuses such as the Buffalo Free Trade Complex. GreenCode: A Preview of Buffalo’s New Zoning | 13 D-IL Light Industrial The D-IL Zone will address light industrial sites such as Kelly Island, Lakeside Commerce Park, and the Thruway Industrial Park. D-IH Heavy Industrial The D-IH Zone will address heavy industrial sites such as the Outokumpu American Brass Company plant in Black Rock. 14 | GreenCode: A Preview of Buffalo’s New Zoning D-OO Olmsted The D-OO Zone will address the parks, parkways, roundabouts, and other public spaces that make up the open space system designed by Frederick Law Olmsted and Calvert Vaux. D-OR Recreational The D-OR Zone will address open spaces, such as Johnny B. Wiley Sports Complex, designed primarily to facilitate structured recreational uses, such as sports fields, indoor recreational facilities, and playgrounds. GreenCode: A Preview of Buffalo’s New Zoning | 15 D-OP Plaza The D-OP Zone will address civic plazas, such as Niagara Square, located at the intersection of important thoroughfares, enclosed by building facades along most of their circumference, and designed for intensive public use. D-OG Green The D-OG Zone will address civic greens and parks, such as Days Park and Scheu Park, characterized primarily by trees and landscaping, framed by landscape elements or building facades, and designed for passive use. 16 | GreenCode: A Preview of Buffalo’s New Zoning D-ON Natural The D-ON Zone will address open spaces, such as the Tifft Farm and Times Beach nature preserves, that are maintained in a predominantly natural state. GreenCode: A Preview of Buffalo’s New Zoning | 17 C-M* C-G C-H C-R C-W* D-ON D-OG D-OP D-OR D-OO D-IH D-IL D-IO D-EC D-MC D-RS D-RC N-C N-4-60 N-4-45 N-3S N-3R N-3O N-3P N-2R N-2O N-2P N-1S N-1E N-1D WHAT USES WILL BE PERMITTED? RESIDENTIAL Dormitory 4 4 4 4 4 Dwelling, Accessory Unit 4 4 2 2 2 4 4 2 4 4 4 4 4 4 4 4 4 4 4 4 4 Dwelling, Double Unit 4 4 4 4 4 4 4 4 4 4 2 2 4 4 2 Dwelling, Multiple Unit 4 4 4 4 4 4 4 4 7 4 2 2 4 4 2 Dwelling, Single Unit 4 4 4 4 4 4 4 4 4 4 4 4 4 2 2 4 4 2 Fraternity/Sorority House 4 4 4 4 4 Group Home 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 2 4 4 2 4 4 CIVIC Assembly, Large 4 4 4 Assembly, Small 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 Cemetery 2 2 2 2 2 2 Correctional Facility 2 2 Cultural Facility 4 4 4 4 4 2 4 4 2 2 2 2 4 4 4 2 2 2 2 2 2 Government Offices 4 4 4 4 4 4 4 4 4 2 2 2 2 2 2 4 4 4 4 4 Hospital 4 4 Lodge or Private Club 4 4 4 4 4 4 4 4 2 4 Police or Fire Station 4 4 4 4 4 4 4 4 4 4 Recreational/Sports Facility 4 4 4 4 4 2 4 4 2 School, College/University 4 4 4 4 4 School, Primary/Secondary 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 School, Commercial 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 4 4 4 2 2 2 2 2 2 4 4 4 4 4 4 4 Zoo 2 LODGING Bed & Breakfast 4 4 4 4 4 4 4 4 2 2 2 2 Hotel/Hostel 4 4 4 4 4 4 4 Rooming House/S.R.O. 4 4 4 2 2 2 2 4 4 4 4 4 2 2 2 2 2 4 4 4 4 4 4 4 4 4 4 4 RETAIL & SERVICE Adult Use 2 2 Amusement Facility, Indoor 4 2 2 Amusement Facility, Outdoor 4 4 4 Car Wash 4 4 4 Day Care Center 4 4 4 4 4 7 4 4 7 2 4 4 4 4 4 4 Day Care Home 4 4 4 4 4 4 4 4 4 4 4 Drive-Through Facility Funeral Services 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 Gas Station 2 4 2 2 4 4 Liquor Store 4 4 4 4 4 4 4 4 4 4 Live Entertainment 4 4 4 2 2 2 2 Medical Clinic 4 4 4 4 4 7 4 4 7 2 4 4 4 4 4 4 4 Open-Air Market 4 4 4 4 4 2 4 4 4 4 4 4 Restaurant 4 4 4 4 4 7 4 4 7 Retail & Service, General 4 4 4 4 4 4 4 4 4 Retail & Service, Heavy 18 | 4 4 2 4 4 4 GreenCode: A Preview of Buffalo’s New Zoning 2 2 2 2 2 2 2 2 2 4 4 4 4 4 4 4 2 2 2 2 4 4 4 4 4 4 4 * Overlay (Use standards of base zone apply.) 4 4 4 4 4 Permitted 2 2 2 2 4 2 Conditional 7 Conditional, Corner Lots Only C-M* C-G C-H C-R C-W* D-ON D-OG D-OP D-OR D-OO D-IH D-IL D-IO D-EC D-MC D-RS D-RC N-C N-4-60 N-4-45 N-3S N-3R N-3O N-3P N-2R N-2O N-2P N-1S N-1E N-1D WHAT USES WILL BE PERMITTED? (CONTINUED) RETAIL & SERVICE (CONT.) Self-Storage Facility 4 4 Tavern 4 4 4 4 4 2 2 7 2 2 7 Vehicle Rental or Sales 4 4 4 4 Vehicle Repair, Major 4 4 4 Vehicle Repair, Minor 4 4 4 4 4 4 4 2 2 2 4 4 4 4 4 2 2 2 2 4 4 4 4 4 4 4 2 2 4 4 4 4 4 4 4 4 EMPLOYMENT Industrial, Artisan 4 4 4 4 4 7 4 4 7 4 4 4 4 4 4 4 Industrial, Heavy 4 Industrial, Light 2 4 2 4 4 Junk/Salvage Yard 2 4 Live/Work 4 4 4 4 4 4 4 4 7 2 Professional Offices 4 4 4 4 4 7 4 4 7 2 4 4 4 4 4 4 4 Research/Laboratory Facility 4 4 4 4 4 Storage Yard 4 4 4 4 2 4 4 4 4 4 4 4 4 Warehouse/Distribution 4 4 2 4 2 4 4 4 AGRICULTURE Farm 4 Forestry 2 Market Garden 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 2 2 2 TRANSPORTATION Freight Terminal 4 Heliport 4 4 4 4 Helistop 2 2 4 4 4 4 4 4 4 Highway Facilities 4 Marina, Dry Storage 4 4 Marina, Recreational 4 4 4 4 Parking Lot, Commercial 2 Parking Lot, Neighborhood 2 4 2 2 2 2 2 2 Parking Structure 4 4 2 4 4 4 2 4 2 4 4 4 4 4 4 4 4 2 2 2 4 4 4 Passenger Terminal 4 4 4 Pedestrian or Bicycle Path 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 2 2 Railway Facilities 4 4 4 4 Stables 4 4 Transit Station 4 4 4 4 Truck Stop 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 INFRASTRUCTURE Constructed Wetland 2 2 Habitat Regeneration Area 2 2 Solar Farm 4 Utilities & Services, Major 2 4 4 4 Utilities & Services, Minor 2 2 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 4 4 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Wind Farm Wireless Telecommunications 4 4 4 4 * Overlay (Use standards of base zone apply.) 4 Permitted 2 Conditional 4 4 4 2 2 2 2 2 7 Conditional, Corner Lots Only GreenCode: A Preview of Buffalo’s New Zoning | 19 WHAT TYPES OF BUILDINGS WILL BE ALLOWED? BUILDING TYPE N1-D N-2P N-2O N-2R N-3P N-3O N-3R N-3S 4 4 4 4 4 4 4 Cottage 4 4 Detached House 4 4 4 4 4 4 4 Carriage House N-1E N-1S 4 Attached House 4 Estate House Stacked Units 4 4 Shopfront 4 4 4 Shopfront House Commercial Block 4 Tower 4 4 4 Industrial Shed 4 Loft Building 4 Civic Building 4 4 4 4 4 4 4 GreenCode: A Preview of Buffalo’s New Zoning 4 4 4 4 4 4 7 4 4 7 4 4 7 4 4 7 4 4 7 4 4 4 4 4 4 4 Permitted 20 | N-4-45 N-4-60 4 7 Corner Lots Only Carriage House A carriage house is a dwelling or live/work space located along an alley or at the rear of a principal dwelling. It is typically one or two stories and may integrate a garage at the ground level. Cottage A cottage is a dwelling on a narrow lot (15 to 30 ft.) ranging in height from one to three stories. GreenCode: A Preview of Buffalo’s New Zoning | 21 Detached House A detached house is a dwelling on a typical urban lot (30 to 75 ft.) ranging in height from one to three stories. Attached House An attached house is a dwelling on a narrow lot (15 to 45 ft.) that shares a party wall with a structure on an adjoining lot, typically ranging in height from two to four stories. 22 | GreenCode: A Preview of Buffalo’s New Zoning Estate House An estate house is a detached dwelling on a large lot (75 ft. or more) ranging in height from one to three stories. Stacked Units Stacked units are structures of two or more stories that facilitate multiple units connected with one or more shared entries. GreenCode: A Preview of Buffalo’s New Zoning | 23 Shopfront A shopfront is a one-story building typically used for retail or employment uses, located adjacent to the front or corner lot lines and containing a highly transparent principal facade. Shopfront House A shopfront house is a house with an attached shopfront. 24 | GreenCode: A Preview of Buffalo’s New Zoning Commercial Block A commercial block is a structure of two or more stories designed to facilitate pedestrian-oriented retail or office uses on the ground floor, with upper floors typically designed for residential, hospitality, or employment uses. Tower A tower is a stacked unit or commercial block structure of substantial height, typically limited to downtown or regional hub areas. GreenCode: A Preview of Buffalo’s New Zoning | 25 Loft Building A loft building is a multistory structure with large footprints, often designed with tall ceilings, expansive windows, and light wells to allow maximum penetration of natural light. Industrial Shed An industrial shed is a single-story structure with a large footprint, often naturally lit with monitor or sawtooth roofs. Such structures are typically designed for industrial, office, or “big box” retail uses. 26 | GreenCode: A Preview of Buffalo’s New Zoning Civic Building A civic building is a structure designed to stand apart from its surroundings due to the special nature of its use as a public facility. They are often the most prominently sited and architecturally significant structures in a community. GreenCode: A Preview of Buffalo’s New Zoning | 27 4 Stoop 4 4 4 4 4 4 Arcade CIVIC BUILDING 4 LOFT BUILDING STACKED UNITS 4 INDUSTRIAL SHED ESTATE HOUSE 4 TOWER ATTACHED HOUSE 4 COMMERCIAL BLOCK DETACHED HOUSE 4 SHOPFRONT HOUSE COTTAGE Porch FRONTAGE TYPE SHOPFRONT CARRIAGE HOUSE HOW CAN BUILDINGS BE EMBELLISHED? 4 4 4 4 4 Plaza 2 2 2 2 2 4 Courtyard 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Balcony 4 4 4 4 4 4 Awning 4 4 4 4 4 4 Canopy PorteCochère 4 4 4 4 4 Permitted 28 | GreenCode: A Preview of Buffalo’s New Zoning 4 2 Conditional WHAT APPROVALS WILL BE REQUIRED? APPLICATION SCOPE PUBLIC HEARING NOTICE APPROVAL BODY Zoning Text & Map Amendments Change UDO text or the zoning map City Planning Board Text Amendment: Published; Map Amendment: Published, Mailed, & Posted City Planning Board recommends; Common Council approves Conditional Approval Permit Approve, approve with conditions, or disapprove applications subject to discretionary review City Planning Board Published, Mailed, & Posted City Planning Board Variance Grant relief from UDO standards that cause practical difficulties or economic hardships Zoning Board of Appeals Posted Zoning Board of Appeals Site Plan Review Special review of applications that cannot be addressed solely by objective requirements None None City Planning Board Administrative Exceptions Grant minor exceptions to UDO standards that result in practical or economic difficulties None Mailed (Limited Area) Zoning Administrator Zoning Appeal Appeal a decision of the Zoning Administrator None None Zoning Board of Appeals Zoning Verification Verify an application complies with UDO standards None None Zoning Administrator Zoning Interpretation File a written interpretation of a UDO provision None None Zoning Administrator Sign Permit Approve an application for a sign that complies with UDO standards None None Zoning Administrator Temporary Use Permit Authorize an application for a temporary use or structure that complies with UDO standards None None Zoning Administrator Administrative Subdivision Approve minor changes in boundaries between lots, division of lot into two, or consolidation of two lots None None Zoning Administrator Minor Subdivision Approve division of lot into up to four lots, or consolidation of up to four lots into one City Planning Board None City Planning Board Major Subdivision Approve all other divisions, consolidations, conveyances, and vacations of land City Planning Board None City Planning Board GreenCode: A Preview of Buffalo’s New Zoning | 29 P R E PA R E D F O R THE CITY OF BUFFALO O F F I C E O F S T R AT E G I C P L A N N I N G M AY O R B Y R O N W. B R O W N JUNE 4, 2012
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